Pack River Aviation LLC offers the following terms and conditions of hangar rental:
HANGAR LEASE AGREEMENT IS SHOWN BELOW:
Pack River Aviation, LLC
Hangar Lease Agreement
THIS AGREEMENT, is entered into this _____day of ____________, _______ by and between Pack River Aviation, LLC (the “Lessor”), an Idaho Limited Liability Company, EIN 45-3771780, whose address is 1100 Aviation Way, 1821 Echo, Sandpoint, Idaho 83864, and ___________________________, (the “Lessee”), whose address is _____________________________________________. Lessor is the owner of an aircraft hangar located on Lot 12B at the Sandpoint Airport (KSZT) in Sandpoint, Idaho, and Lessee is a party that wishes to lease a portion of the hangar from Lessor.
IN WITNESS WHEREOF, in consideration of the premises, the mutual covenants contained herein, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties do hereby agree as follows:
Lease of Hangar. Lessor agrees to lease to Lessee and Lessee agrees to lease from Lessor a portion of the hangar space located on the Southwestern quadrant of the hangar (the “Leased Premises”) necessary to park and store one aircraft, described as follows (the “Aircraft”):
Aircraft Make ______________________________
Aircraft Model _____________________________
Aircraft Year _______________________________
Aircraft Registration Number N________________
Aircraft Serial Number ______________________
Use of Leased Premises. The Leased Premises shall only be used for the storage of the Aircraft. Lessee shall park his/her vehicle(s) outside the Leased Premises during such time that Lessee is using the Leased Premises or his/her Aircraft and will ensure that his/her vehicle is clear of the hangar door opening radius, and also is not blocking egress/ingress of other aircraft using the taxiway.
Termination. Either party may terminate this agreement with sixty (60) days prior written notice.
Fees. Lessee agrees to pay Lessor Six-Hundred Dollars ($600.00) per month for rental of the Leased Premises, payable on or before the first business day of the month. Any late payment of fees shall include an eight percent (8%) late payment penalty (i.e. 1.08 times rental Fee), and any returned checks will cause an additional charge of Forty Dollars ($40.00) per returned check.
Deposit. A deposit equivalent to one month of rental fee will be due and payable upon execution of this Agreement, and held as retention until expiration of the lease period. The Deposit may be refunded at the end of the lease period provided there is (a) no damage incurred to the Leased Premises, or (b) outstanding receivables for the Fees due.
Right of Ingress and Egress. Lessee shall have at all times the right of ingress to and egress from the Western side of the Leased Premises. To ensure this right, Lessor shall provide Lessee with keys to the hangar door entrance on the Western side of the Leased Premises. Lessee shall make all reasonable efforts to keep the adjacent areas to the Leased Premises free and clear of all obstructions. Lessee shall ensure the hangar is securely locked and doors closed and will be held responsible for any theft or damage should the Lessee fail to properly secure the hangar.
Maintenance and Repairs to the Leased Premises (Hangar). The Lessor shall be responsible for providing electrical, water, heating, and sewage for the Leased Premises, and providing all maintenance/repairs to the Leased Premises, including the hangar doors, except when necessitated by damage caused by the Lessee, its agents, employees, or guests. The responsible party shall conduct such maintenance/repairs with due diligence at its own cost. Lessee shall familiarize himself/herself with the safe and proper operation of the double Hydroswing Doors, and ensure such doors are not operated unless there is complete clearance of vehicles, airplanes, persons, or other obstructions that could make contact during opening or closure of the Hydroswing Doors. Lessee shall have access to the use of the bathroom located inside the Leased Premises and agrees to keep such facilities in a clean condition when used. Lessee shall ensure the Leased Premises is kept clean at all times.
If the maintenance/repairs are the result of damage caused by Lessee, the rent shall not be abated during the period of maintenance/repairs. If the maintenance/repairs are the responsibility of the Lessor, and damages renders the Leased Premises untenantable for a period of two (2) weeks or more, the rent shall be abated during the period of untenantability. If the maintenance/repairs are the responsibility of the Lessor, and the damage renders the Leased Premises untenantable for thirty (30) days or more, the Lessee shall have the option to terminate this agreement by notifying the Lessor in writing of this election.
Default. If Lessor defaults in the performance of its duties or obligations as required under the terms of this agreement, and if Lessor fails to remedy any such default in a manner reasonably satisfactory to Lessee within fifteen (15) days following receipt of Lessee’s written notice to remedy said default, Lessee may immediately terminate this agreement with written notice to remedy said default, Lessee may immediately terminate this agreement with written notice to Lessor.
If Lessee defaults in the performance of its duties or obligations as required under the terms of this agreement, and if Lessee fails to remedy any such default in a manner reasonably satisfactory to Lessor within fifteen (15) days following receipt of Lessor’s written notice to remedy said default, Lessor may immediately terminate this agreement with written notice to Lessee. Lessee represents that he/she has the financial capacity to meet its monthly fee payment obligations, and acknowledges that non-payment of rental fees constitutes a breach of this agreement and triggers a default situation under this agreement, for which Lessor may take all necessary actions, including eviction and removal of Lessee’s aircraft from the Lease Premises should monthly fee payments not be made.
Operation of Aircraft. The Lessee is responsible for operating the Aircraft on the airport in accordance with the applicable Federal and Idaho State aviation regulations.
Airport Rules and Regulations. Lessee agrees to comply with the Sandpoint Airport (KSZT) and FAA Rules and Regulations. Lessee represents that he/she has familiarized himself/herself with such rules and regulations that are in effect during the lease period of this agreement, including aircraft washing, self-fueling, and conduct of commercial operations.
Surrender of Possession. On the expiration or other termination of this agreement, Lessee’s rights to use of the Leased Premises shall cease and Lessee shall remove Lessee’s Aircraft and vacate the Leased Premises without unreasonable delay. Lessee shall not remove any other property, fixtures, or equipment in the hangar which Lessee does not own, and shall be responsible for any damage or loss caused by such removal. Title to any property of Lessee, which is not removed as of the expiration or termination of this agreement, shall vest in Lessor.
Liability of Parties. The Lessee shall indemnify and hold harmless the Lessor for injury or property damage claims or other lawsuits made against Lessor that were caused by the Lessee, its agents, employees, or guests. The Lessee shall indemnify the Lessor for any claims made against Lessor that were caused by the Lessee’s breach of this agreement. The Lessor shall indemnify the Lessee for any claims made against Lessee that were caused by the Lessor’s breach of this agreement.
Insurance. Lessee shall maintain liability insurance on the Aircraft, and such insurance shall be in place prior to the execution of this agreement, with Lessor named as an additional insured. The Lessee shall provide Lessor with a certificate showing proof of insurance prior to execution of this agreement, and provide thirty (30) day notice to the Lessor of any changes to the insurance policy, or ten (10) day notice in the event of any cancellation.
Maintenance on Aircraft. Pursuant to FAA Order 5190.6A, Airport Compliance Requirements, the Lessee, with its own equipment and employees or agents, shall be allowed to perform maintenance on the Aircraft within the Leased Premises, provided that it is not done in a manner that would be unsafe, unsightly, not secure or protected, or detrimental to the efficient use of the airport facilities by others. Lessee will dispose of used oil only in approved receptables designated by the Sandpoint Airport authority. At no time shall the Lessee’s aircraft engine be started within the Leased Premises.
Storage of Illegal or Hazardous Materials. Illegal or hazardous materials as defined by the Idaho State EPA, shall not be stored in/on the Leased Premises. Any spills which may occur from Lessee’s Aircraft or ancillary equipment used in maintaining Lessee’s Aircraft shall be cleaned up at Lessee’s cost.
Taxes. Lessor shall pay any and all Bonner County Property Taxes and Lot12B Property Lease payments as may be levied or assessed against the Leased Premises.
Assignment and Subletting. This agreement may not be transferred or assigned without written agreement and authorization signed by Lessor and Lessee. The Lessee may not sublet the Leased Premises without the written consent of the Lessor. Nevertheless, Lessor reserves the right to lease the Northwestern quadrant of the hangar to another third party during the term of this agreement.
Notice. All notices and requests required or authorized under this agreement shall be in writing and sent by certified mail, return receipt requested, to the address for that party as stated in the beginning of this agreement. The date on which any such notice is received by the addressee shall be deemed the date of notice. Should either party change addresses, that party shall notify the other party within ten (10) days after the change. The parties may use email to facilitate correspondence and such email notices shall suffice, provided both parties acknowledge receipt, and any documents required for any such notices and requests required in accordance with this agreement are attached to the email. The email address of the Lessor is: email@example.com, and the email address of the Lessee is: ________________________. All written correspondence to Lessor shall use the following address: James M. Pearson, 235 Sugarberry Circle, Houston, Texas 77024 (tel: 713-780-4640).
Governing Law. This agreement is a contract executed under and to be construed under the laws of the State of Idaho.
Attorney Fees. In the event any action is filed in relation to this agreement, each party agrees to pay his/her own costs incurred for attorney fees.
Waiver. Either party’s failure to enforce any provision of this agreement against the other party shall not be construed as a waiver thereof so as to excuse the other party from future performance of that provision or any other provision.
Severability. The invalidity of any portion of this agreement shall not affect the validity of the remaining portions thereof.
Paragraph Headings. The headings to the paragraphs to this agreement are solely for convenience and may have no substantive effect on the agreement nor are they intended to aid in the interpretation of the agreement.
Entire Agreement. This agreement constitutes the entire agreement between the parties. No statements, promises, or inducements made by any party to this agreement, or any agent or employees of either party, which are not contained in this written contract shall be valid or binding. This agreement may not be enlarged, modified, or altered except in writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto sign below acknowledging execution of this agreement the day and year first above written.
Signature:____________________________ Signature: __________________________
LESSOR: James Michael Pearson – Manager LESSEE:_____________________________